NHS Fife rebuked by watchdog for withholding cost of Sandie Peggie case

NHS Fife has been rebuked by a Scottish watchdog for withholding information about the cost of the Sandie Peggie tribunal.

The decision from Scottish Information Commissioner David Hamilton revealed that the health board did not conduct proper searches for the information as requested.

NHS Fife’s freedom of information (FOI) failures left Mr Hamilton “frustrated” by their “poor handling of these requests”.

“The Commissioner is frustrated – a feeling no doubt shared by the applicants – that the Authority’s poor handling of these requests has placed him in a position where he is effectively limited to requiring it to carry out adequate, proportionate searches for the information requested, reach a decision on the basis of those searches, and notify the Applicants of the outcome,” the Commissioner’s decision stated.

The FOI requests from reporters and the public asked NHS Fife about the costs associated with the Sandie Peggie employment tribunal case, which began on February 3 and has been adjourned until July.

Ms Peggie was suspended after objecting to sharing a changing room with trans doctor Beth Upton at the Victoria Hospital in Kirkcaldy, Fife, where they both worked.

Ms Peggie lodged a complaint of sexual harassment or harassment related to a protected belief under Section 26 of the Equality Act 2010 regarding three incidents when they shared a changing room: indirect harassment, victimisation, and whistleblowing.

Ms Peggie was suspended from her work on January 3, 2024, after Dr Upton made an allegation of bullying and harassment.

In response to multiple FOIs about the cost of the tribunal, NHS Fife told reporters and the public that it had “completed a search for information” and would be “applying an exemption to the data” because it related to “personal information”.

However, Mr Hamilton concluded that NHS Fife had not conducted proper searches for the information.

The Commissioner also said there is no “credible link” between the disclosure of the tribunal’s legal costs and the risk of harm to any individuals involved in the case.

He said NHS Fife had “failed to comply” with Scotland’s FOI law.

The Commissioner also revealed that NHS Fife is part of an indemnity scheme that provides cover for legal costs for claims against the NHS in Scotland, which would limit its costs in the Sandie Peggie tribunal.

Mr Hamilton considered this information to be of “clear relevance” to the multiple FOI requests, and he said it was “unhelpful of the authority” not to provide this information to applicants as part of its duty.

“The Authority has failed to satisfy the Commissioner that it does not hold any information relevant to the Applicants’ requests,” the decision stated.

“The Commissioner therefore requires the Authority to carry out adequate, proportionate searches for the information, reach a decision on the basis of those searches and notify the applicants of the outcome by Monday, July 14.”

A spokesperson for NHS Fife said: “NHS Fife notes the report from the Scottish Information Commissioner and intends to comply fully with its decision notice.”